DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of group I in the reply filed on April 14, 2026 is acknowledged.
Claim 3 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 14, 2026.
Specification
The abstract of the disclosure is objected to because it is length exceeds the 150 word limitation. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1:
“said primary teeth rings” in line 8, page 2 – unclear which primary teeth rings are being referenced between upper grinding element and grinding chamber base.
“said secondary teeth rings” in line 11, page 2 unclear which primary teeth rings are being referenced between upper grinding element and grinding chamber base.
“said top surface” in line 15, page 2 – unclear which top surface is being referenced between upper grinding element and grinding chamber base.
“said top” in line 19, page 2 – unclear which top surface is being referenced between upper grinding element and grinding chamber base.
“said top surface” in line 25, page 3 – unclear which top surface is being referenced between upper grinding element, grinding chamber base, and storage chamber.
“said internal female thread” in line 7, page 4 – unclear which internal female thread is being referenced between grinding chamber shell and storage chamber shell.
“said external male thread” in line 11, page 4 – unclear which external male thread is being referenced between storage chamber shell and trichome chamber.
“said top surface” in line 14, page 4 – unclear which top surface is being referenced between upper grinding element, grinding chamber base, storage chamber shell, and trichome chamber.
“said interior wall” in line 17, page 4 – unclear which interior wall is being referenced between grinding chamber, storage chamber shell, and trichome chamber.
“said bottom surface” in line 21, page 4 – unclear which bottom surface is being referenced between grinding chamber and trichome chamber.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 2 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sanchez et al. US 2019/0110644 A1. US 2019/0110644 A1 is a published patent application hereinafter to be referred to as the Sanchez patent.
Regarding claim 2, Sanchez discloses a device for herb grinding comprising a dual action grinding mechanism (Sanchez Para [008]: The current invention provides a grinding and cutting device for processing natural materials.) further comprising: an upper grinding element (Sanchez – Top Structure 1, FIG. 1) containing; a plurality of primary teeth rings (Sanchez – First Plurality of Teeth 32, FIG. 3)(Sanchez Para [0031]: The top structure includes a first plurality of teeth for grinding natural materials. As shown in FIG. 3, first plurality of teeth (32) extend out from the underside of the top structure within a first grinding chamber.); wherein said primary teeth rings are designed with concave and curvilinear geometry (Sanchez Para [0014]: Other embodiments of the grinding and cutting device included in this invention have alternative teeth structure and arrangements. For example, the teeth may be triangular, square, circular arched, half circular, or any other multisided shape.) which slidably engage with outer surfaces of corresponding primary teeth of a lower grinding element; a plurality of secondary teeth rings (Sanchez Para [0031]: the first plurality of teeth are arranged in a concentric pattern comprising two concentric rings of teeth surrounding a central tooth 33.); wherein said secondary teeth rings are designed with convex and rectilinear geometry (Sanchez Para [0014]: Other embodiments of the grinding and cutting device included in this invention have alternative teeth structure and arrangements. For example, the teeth may be triangular, square, circular arched, half circular, or any other multisided shape.) which further engage with inner surfaces of corresponding primary teeth rings (Sanchez – Second Plurality of Teeth 2, FIG. 2) of a lower grinding element (Sanchez – Bottom Structure 7, FIG. 1) (Sanchez Para [0013]: the first and second pluralities of teeth are arranged so that the two concentric sets of teeth on the top structure fall in between the two concentric sets of teeth on the bottom structure when the top and bottom structures are coupled.); a lower grinding element (Sanchez – 7, FIG. 1) containing; a plurality of primary teeth rings (Sanchez – 2); wherein said primary teeth rings (Sanchez – 2) are designed with concave and curvilinear geometry (Sanchez Para [0014]: Other embodiments of the grinding and cutting device included in this invention have alternative teeth structure and arrangements. For example, the teeth may be triangular, square, circular arched, half circular, or any other multisided shape.) which slidably engage with outer surfaces of corresponding primary teeth (Sanchez – 32) of said upper grinding element (Sanchez – 1); a plurality of secondary teeth rings (Sanchez – Second Plurality of Teeth 3); wherein said secondary teeth rings (Sanchez – 3) are designed with convex and rectilinear geometry (Sanchez Para [0014]: Other embodiments of the grinding and cutting device included in this invention have alternative teeth structure and arrangements. For example, the teeth may be triangular, square, circular arched, half circular, or any other multisided shape.) which further engage with inner surfaces of corresponding primary teeth rings (Sanchez – 32) of said upper grinding element (Sanchez – 1)(Sanchez Para [0033]: the second plurality of teeth (2, 3) are arranged in a ring pattern comprising two concentric rings surrounding the magnet 5 on the floor surface 6. The ring pattern of the second plurality of teeth (2, 3) and the arrangement of triangular points 4 is complementary to the ring pattern of the first plurality of teeth so that the inner concentric ring of second plurality of teeth (2, 3) fits around the central tooth 33, the inner concentric ring of the first plurality of teeth sits in between the inner and outer concentric rings on the second plurality of teeth (2, 3), and the outer concentric ring of the first plurality if teeth sits in between the outer concentric ring on the second plurality of teeth (2, 3) and the plurality of triangular points.)
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Bao US 7,422,170 B2 in view of Dukat US 9,681,777 B1 and in further view of Seyffert et al. US 6,269,953 B1. US 7,422,170 B2 is published patent hereinafter to be referred to as the Bao patent; US 6,269,953 B1 is a published patent hereinafter to be referred to as the Seyffert patent; US 9,681,777 B1 is a published patent hereinafter to be referred to as the Dukat patent.
Regarding claim 1, Bao discloses a device for herb grinding comprising a modular cylindrical assembly including;
an upper grinding element (Bao – Grinder Actuator 12, FIG. 1) comprising a top surface (See FIG. 1 above); an exterior wall (See FIG. 1 above); wherein the top surface and exterior wall are configured to co-operatively form an ergonomic grip for facilitating manual rotation of the upper grinding element, thereby functioning as a hand rotor (Bao Col. 3, Lines 30-32: The grinder housing 10 comprises a grinder base 11 and a grinder actuator 12 detachably coupling with the grinder base 11, and forming a grinding compartment 13 therebetween.); and a retention base (See FIG. 1 above); a plurality of primary teeth rings (Bao – First Grinding Knives 21, FIG); a plurality of secondary teeth rings (Bao – Second Grinding Knives 22); wherein said primary teeth rings (Bao – 21) and said secondary teeth rings (Bao – 22) are arranged in alternating fashion (FIG. 4); and a central column (See FIG. 2 above); wherein said central column contains a slot configured to accommodate a magnet (Bao – First Magnetic Element 41, FIG. 2) for attachment to a corresponding magnet (Bao – Second Magnetic Element 42) in a slot (Bao – Second Magnetic Housing 44, FIG. 3) within a lower grinding element (Bao – Grinding Plate 30, FIG. 3) as an attachment mechanism (Bao Col 3, Lines: 51-56: The detachable coupling arrangement 40 comprises a first magnetic element (41) affixing to the first grinding plate 20, and a second magnetic element (42) which is affixed to the second grinding plate (30) to align with the first magnetic element (41), wherein the first magnetic element (41) is magnetically attached to the second magnetic element (42));
a grinding chamber base (Bao – 11) comprising a lower grinding element (Bao – 30) including; a plurality of primary teeth rings (Bao – Second Grinding Knives 31, FIG. 3); wherein said primary teeth rings (Bao – 31) are designed to correspond with primary teeth (Bao – 21) of said upper grinding element (Bao – 12)(Bao Col. 3, Lines 40-44: the second grinding plate (30) has a plurality of second grinding knifes (31) upwardly and spacedly extended from the top side of the second grinding plate (30) at a position that the first and second grinding knifes (21), (31) are spacedly disposed within the grinding compartment (13)); a top surface (See FIG. 2 above); wherein said primary teeth rings (Bao – 31) and said secondary teeth rings are extruded from said top surface (“extruded from…” is a product-by-process limitation see MPEP 2113); an exterior wall (Bao – Peripheral Edge 35, FIG. 3); a bottom surface (See FIG. 2 above); a plurality of apertures (Bao – Collecting Holes 32, FIG. 3); wherein said apertures (Bao – 32) pass through said top and bottom surfaces, align with the edges of corresponding primary teeth (Bao – 21) of said upper grinding element (Bao – 12)(FIG. 1); and which contains a central slot (Bao – 44) configured to accommodate a magnet (Bao – 42) for attachment to a corresponding magnet (Bao – 41) in said upper grinding element (Bao – 12) as an attachment mechanism; a grinding chamber shell (Bao – Tubular Shelter 111, FIG. 2) further including; an exterior wall (See FIG. 2 above); an interior wall (See FIG. 2 above); a retention ring (Bao – Engaging Rib 112); wherein said retention ring (Bao – 112) is configured to secure said lower grinding element (Bao – 30) within said grinding chamber base (Bao – 111)(Bao Col. 4, Lines 25-30: tubular shelter (111)…having an engaging rib (112) protruding from an inner wall of the tubular shelter (111) to engage with the peripheral edge (25) of the second grinding plate (30) so as to retain the second grinding plate (30) in position.; and an internal female thread (See FIG. 2 above); wherein said internal female thread acts as an attachment mechanism for securing a grinding chamber (Bao – 13) to a storage chamber (See FIG. 1 above); a storage chamber base comprising a screen insert (Bao – Filter Layer 16, FIG. 2);
a storage chamber shell (See FIG. 2 above) containing; an external male thread (See FIG. 1 above); wherein said external male thread acts as an attachment mechanism for securing a storage chamber to a trichome chamber; a top surface (See FIG. 2 above); wherein said external male thread is extruded from said top surface (“extruded from…” is a product-by-process limitation see MPEP 2113); an exterior wall (See FIG. 1 above); an interior wall (See FIG. 1 above); a retention ring (See FIG. 1 above); wherein said retention ring is designed to secure said screen insert (Bao – 16) within said storage chamber base; and an internal female thread (See FIG. 2); wherein said internal female thread acts as an attachment mechanism for securing a storage chamber to a trichome chamber (Bao – Bottom Actuation Cap 113);
a trichome chamber (Bao – 113); a top surface (See FIG. 2 above); an interior wall (See FIG. 1 below); an interior floor (See FIG. 1 below); wherein said interior wall and interior floor collectively comprise a trichome collection area; an exterior wall (See FIG. 2 below); and a bottom surface (See FIG. 2 below).
Bao fails to disclose an upper grinding element comprising a slot configured to receive a combined branding insert; a grinding chamber base comprising a plurality of secondary teeth rings; the screen insert further comprising an external retention ring; a plurality of horizontal slats; wherein said horizontal slats are attached to the top of said external retention ring; a plurality of vertical slats; wherein said vertical slats are attached to the bottom of said external retention ring; and a plurality of voids; wherein said voids are formed by the perpendicular orientation of said vertical and said horizontal slats; and a trichome chamber comprising an external male thread, and wherein a bottom surface optionally contains a slot configured to receive a QR code insert.
Dukat teaches an upper grinding element (Dukat – First Section, FIG. 3B) comprising a slot (Dukat – T-shaped Slot 14, FIG. 3A) configured to receive a combined branding insert; a plurality of secondary teeth rings (Dukat – Plurality of Concentric Teeth Rings 40); and a trichome chamber (Dukat – Fourth Section 10, FIG. 3A) comprising an external male thread (Dukat – Relief Threading Notches 48, FIG. 3A).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper grinding element of Bao to include a slot, as taught by Dukat, wherein the slot is sized to receive an object (Dukat Col. 4, Lines 52-54: the T-shaped slot sized to receive a rolling papers sleeve package within the T-slot.).
It would have also been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the grinding chamber base of Bao to include a plurality of secondary teeth rings, as taught by Dukat, to correspond with a plurality of primary teeth rings, wherein the primary and secondary teeth rings of the lower grinding element are concentric and positioned between the primary and secondary teeth rings of the upper grinding element (Dukat Col. 1, Lines 45-50: The at least two concentric teeth rings of the second cylindrical section are positioned between the at least two concentric teeth rings of the first cylindrical section and the plurality of teeth of the second cylindrical section at least partially overlap the plurality of teeth of the first cylindrical section.).
It would have further been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the trichome chamber of Bao to include an external male thread, as taught by Dukat, wherein threads are a well-known means within the art for connecting one component to another.
Seyffert teaches a screen insert (Seyffert – Screen Assembly 1160, FIG. 45E) further comprising an external retention ring (Seyffert – Panel 1150, FIG. 45E); a plurality of horizontal slats; wherein said horizontal slats are attached to the top of said external retention ring; a plurality of vertical slats; wherein said vertical slats are attached to the bottom of said external retention ring; and a plurality of voids; wherein said voids are formed by the perpendicular orientation of said vertical and said horizontal slats (Seyffert Col. 27, Lines 16-20: FIG. 45E shows a screen assembly 1160 according to the present invention with a panel 1150. A first mesh (in one aspect a fine mesh) 1161, e.g. 180 mesh, is bonded to a second mesh (in one aspect a backup mesh) 1162; Col. 1, Lines 60-67, Col. 2, Lines 1-12: The screen has one or more upper layers of screen, screen cloth, and/or mesh. If more than one layer is used, they may be bonded together at discrete points, at discrete areas, or over their entire surface. The layer or layers are mounted on frame apparatus which may include a solid side support on each of two spaced apart sides of the layer(s), or may include a full four sided screen frame. Any screen may use strips made from different materials, e.g. cross-strips of plastic and end strips of steel, or vice versa) are secured across two or more frame sides. With respect to a two sided frame wherein the two sides are parallel and spaced apart, a strip or strips may be, according to this invention, disposed parallel to the two sides; and, if more than one strip is used, spaced apart across the area of the layer or layers. It is also within the scope of this invention to use a strip or strips which are disposed in a manner non-parallel to the two sides. In one aspect such non-parallel strips may extend diagonally from one end of one side of the frame, across the layer or layers, to a diagonally opposite end of the other side.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the screen insert of Bao to comprise of an external retention ring, wherein a plurality of horizontal slats are attached to a top of the retention ring, and a plurality of vertical slats are attached to a bottom of the retention ring, wherein a plurality of voids are formed by the perpendicular orientation of the vertical and horizontal slats, as taught by Seyffert, when such combination provides a new, useful, unique, and non-obvious filtering screen (Seyffert Col. 2, Lines 49-51: New, useful, unique, efficient, non-obvious screens, filtering screens, two- or three-dimensional screens; flat or non-flat screens).
Seyyfert teaches a screen insert except for the screen insert being ring shaped. It would have been an obvious matter of design choice to modify the screen insert to be ring shaped, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARLINGTON N IBEKWE whose telephone number is (571)272-2474. The examiner can normally be reached Monday - Friday 8am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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D.N.I.
Patent Examiner
Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
Prosecution Insights